Document Type


Publication Date

Fall 2018


This Article examines the related issue of whether a Terry stop initiated for reasonable suspicion that a person is armed inherently authorizes treatment of the detainee as armed and dangerous (and thus authorizes a frisk). As shown in Part III, the U.S. Supreme Court jurisprudence is equivocal on the point. Part IV illustrates the conflicting approaches taken by contemporary lower courts. This Article concludes a frisk is not inherently authorized in such a stop, for two separate reasons.



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